Shumway v. Nelson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting an assertion that the decedent’s sole beneficiary rather than the trustee was the real party in interest in a wrongful death action
• rejecting an assertion that the decedent's sole beneficiary rather than the trustee was the real party in interest in a wrongful death action
• explaining that an action under § 573.02 “creates an entirely new cause of action for the purpose of compensating the next of kin who have suffered pecuniary loss by reason of the death of the decedent. It is not brought for the benefit of the decedent”
• explaining that an action under § 573.02 “creates an entirely new cause of action for the purpose of compensating the next of kin who have suffered pecuniary loss by reason of the death of the decedent. It is not brought for the benefit of the decedent”
• “This statute creates an entirely new cause of action for the purpose of compensating the next of kin who have suffered pecuniary loss- by reason of the death of the decedent.”
• wrongful death statute “is remedial in character and thus requires a liberal construction.”

Source: CourtListener parenthetical corpus (CC0).